1.     All bookings are subject to these Terms and Conditions of Hire.  By signing an Agreement, you are entering into a contract with Anthony Winyard (trading as The Funky Penguin), acting as an Employment Agent for the reservation of the Artiste/Service, named in the Agreement, and are agreeing to be bound by these Terms and Conditions.  The Agreement also forms a contract between you and the Artiste/Service, subject to the Terms & Conditions stated here. The Funky Penguin acts as negotiator only and is not a party to the resulting contract. For this reason The Funky Penguin cannot accept responsibility for non-fulfilment or breach of any such contract, but every reasonable safeguard is assured.  Wherever possible in such cases, The Funky Penguin will make every reasonable effort to replace the Artiste/Service or engagement with one of similar price and quality.

2.     The fee and all the relevant details for the event will be stated on the contract. These will comprise of the details given at the time of the booking. Please inform us urgently if there are any errors.

3.     A booking is only confirmed by The Funky Penguin once we are in receipt of the returned Agreement, signed by the Client, together with the retainer fee. Until such time as this condition has been met, the booking will be treated as an enquiry only and The Funky Penguin reserves the right to accept an alternative booking for the Artiste/Service without notification.

4.     The Artiste/Service on the Hire Agreement will be holding this date exclusively for you from the agreement date and therefore they will continue to turn away all other work for the event.  The potential loss of work to the Artiste/Service is real and tangible, and so cancellation fees will be charged.

5.     The terms of the Agreement do not allow for cancellation other than by mutual consent of all parties and confirmed in writing. The Funky Penguin will charge the following fees should a cancellation occur:

a.       Within 30 days of the event                                                                         The full agreed fee.

b.       Within 60 days of the event.                                                                        50% of the full agreed fee.

c.       Within 120 days of the event.                                                                      25% of the full agreed fee.

The retainer fee will not be returned under any circumstances. Cancellations are not accepted by e-mail or telephone, only in writing. Once we have received your notice of cancellation, we will confirm this to you via return letter. If you do not receive this letter within 48 hours, do not assume that your event has been cancelled. The Funky Penguin reserves the right to levy a charge of up to 15% (+ VAT where applicable) of the agreed fee against the cancelling party, to cover the additional expenses involved in the said cancellation. This is in addition to any amounts that may be payable by either party under the terms of the said contract. 

6.    The balance of the total fee (less the retainer fee and other payments made) can be made by sending a cheque to The Funky Penguin 14 days prior to the event date payable to the Artiste/Service or can also be made in CASH to the Artiste on the day of performance before any entertainment is due to begin.

7.    It is The Clients' legal responsibility to comply with and ensure that current Health & Safety regulations are in place and any place of performance is fit for the use intended. A safe electrical supply must be provided. All outside situations (Marquees/Outbuildings) must be dry, undercover and made safe for electrical use and insulated from the ground. A separate sheet regarding our electrical requirements for Marquees will be made available at the time of booking.

8.    Smoke machines can only be used with the prior written consent of the venue management.

9.    A minimum clear floor space is required of 3 metres x 2 metres with a head height of 3 metres. A minimum of 2 x 13 amp power sockets must be available within 5 metres of the set up area. If other additional entertainment is booked, adequate floor space must be available for all the performers and changing facilities provided if required.

10.  A minimum of 1 hour is required for rigging and a further hour to dismantle and load the equipment into our vehicle. This must be taken into account when planning any arrangements.

11.  In the unlikely event of the Artiste/Service being unable to perform due to unforeseen circumstances such as illness or any other emergency, The Funky Penguin will endeavour to arrange for a suitable Artiste/Service with similar equipment and experience to cover the performance for the same price.

12.  The Client realises that whilst we have excellent Artiste/Service backup in place, and every reasonable safeguard is assured, the breakdown of any electrical equipment can be an unavoidable occurrence and is often outside of our control. We will however make every reasonable effort to rectify the situation. In the extremely unlikely occurrence of a non-performance, or if a total failure occurs, The Client will be refunded in full. In this situation, this will be the full extent of our liability. 

13.  The Client is responsible for the conduct of all persons attending the event whether those persons are invited or not. We do not take any responsibility for controlling rowdy behaviour, or ejecting unwanted persons from the venue. The Funky Penguin and its Artistes/Services have the right to perform in a safe environment. We reserve the right to terminate the performance should any physical/verbal abuse or intimidating actions be made to the Artiste/Service, Venue, Staff or any of those persons present at the event. Under these circumstances no refund will be given.  The Funky Penguin and its Artistes/Services also reserve the right to terminate the performance should our equipments' safety be compromised in any way.

14.  No other persons or performers may use any of the equipment provided other than by prior consent of the Artiste/Service.

15.  If performance time is requested in excess of that agreed on the contract this will be at the discretion of the Artiste/Service and subject to additional fees charged with 1 hour being the minimum charging period. The fee for additional time will be stated on the contract.  Any additional fees must be paid to the Artiste/Service in cash in advance of the extra services being performed.  All requests for additional playing time must be cleared with the Venue management team beforehand.

16.  Agreements are made separately for each booking, and there is no requirement for any Artiste/Service to accept any booking offered.  The Artiste/Service can therefore end the relationship by simply not accepting any further bookings and the Agent can end the relationship by not offering any such bookings.
If any Artiste/Service seeking employment under a normal non-exclusive agency representation agreement (i.e. who has not signed under a management or sole representation contract) should wish to cease being represented by The Funky Penguin and have their name and details removed from any promotional materials issued by the Agency they can give a minimum of 30 days notice in writing.  From that point no further promotional materials featuring the Artiste/Service will be created, but it must be understood that it is not possible to remove information from hard copy products already published.

17.  All Artistes/Services contracted through The Funky Penguin agree that any bookings, leads or enquiries generated from this event will be transacted through The Funky Penguin; failure to do so may result in a claim for loss of earnings or commission.

18.  Any delayed set up time and subsequent delayed start time due to the overrun of any prior proceeding, or of situations outside of our control will not warrant any extension of the stated finishing time or any fee reduction.  Such situations may include, but are not limited to, poor access, room clearing and dancefloor preparation.

19.  For the provision of this service The Funky Penguin charges a fee equivalent to an agreed percentage of the contracted fee receivable by the Artiste/Service, in accordance with our Commission Policy Statement. The Funky Penguin will also collect any applicable tax (for example VAT) which is due under English Law. The charge may be made to either the Artiste/Service or Client subject to the negotiated acceptance of the event in question.
Where charged to the Artiste/Service, the fee (commission) will still be due if the Artiste/Service fails to appear, said non-appearance being as a result of any action or inaction of the Artiste/Service. Where charged to the Promoter the fee (commission) is normally payable in advance and is always non-refundable.    

20.  The Funky Penguin may receive fees due to the Artiste/Service (for example in the event of a no pickup booking or in the course of arriving at a dispute resolution) but must account to the Artiste/Service for any such payments that it receives.

21.  The Artiste/Service will be required to honour any and all contracts negotiated and accepted prior to the expiry of such written notice.  The Artiste/Service must undertake to ensure that any ongoing commission or other financial remuneration due is paid to The Funky Penguin promptly and in accordance with these Terms of Business.